Members Of The National Assembly (Exemption From Preventive Detention And Personal Appearance) Ordinance, 1963
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THE MEMBERS OF THE NATIONAL ASSEMBLY (EXEMPTION FROM PREVENTIVE DETENTION AND PERSONAL APPEARANCE) ORDINANCE, 1963
THE MEMBERS OF THE NATIONAL ASSEMBLY (EXEMPTION FROM PREVENTIVE DETENTION AND PERSONAL APPEARANCE) ORDINANCE, 1963 1ORDINANCE NO. IX OF 1963 [16th November, 1963] An Ordinance to provide for certain privileges of the Members of the National Assembly of Pakistan. WHEREAS Article 111 of the Constitution provides, inter alia, that the privileges of Members of an Assembly may be determined by law; AND WHEREAS it is expedient to provide for exemption from preventive detention, and from personal appearance of the Members of the National Assembly of Pakistan in Civil and Revenue Courts and before Election Tribunals, for specified periods; AND WHEREAS the National Assembly is not in session and the President is satisfied that circumstances exist which render immediate legislation necessary; NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 29 of the Constitution, and of all other powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:___
Section 1. Short title, extent and commencement
(1) This Ordinance may be called the Members of the National Assembly (Exemption from Preventive Detention and Personal Appearance) Ordinance, 1963.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
Section 2. Definitions
In this Ordinance, unless there is anything repugnant in the subject or context,—
(a) “Assembly” means the National Assembly of Pakistan;
(b) “Member” means a Member of the Assembly;
(c) “session” means the period commencing on the day of the first meeting of the Assembly after having been summoned until the Assembly is prorogued or dissolved.
Section 3. The privilege etc
(1) No Member shall be detained under any law relating to preventive detention, nor shall any Member be required to appear in person in any Civil or Revenue Court,2[* * *] during a session, and for a period of fourteen days before and fourteen days after the session. 3[(2) Nothing in sub-section (1) shall be construed as applying to any Member who is detained under any such law as is referred to in sub-section (1)___
1Approved by the National Assembly of Pakistan on the 27th November, 1963, see Gazette, of P., Ext., 1963. p. 813 k. 2Certain words omitted by the Privileges, of Members of the National and Provincial Assemblies (Amdt.) Act, 1977 (21 of 1977), s. 2 and Schedule.
3Subs. by the Members of National Assembly (Exemption from Preventive Detention and Personal Appearance) (Amdt.) Act, 1975 (17 of 1975), s. 2, for sub-section (2) (w.e.f. 8-2-1975).
(a) at any time during the period commencing on the fifteenth day next after the conclusion of a session and ending on the 15th day before the commencement of the next session; or
(b) for reasons of State connected with defence, external affairs, or the security of Pakistan or any part thereof.]
Section 4. Proceedings in Civil Courts etc
(1) Notwithstanding anything to the contrary contained in any law for the time being in force, no Civil or Revenue Court 1[* * * ] shall proceed, during a session and for a period of fourteen days before and fourteen days after the session, with any matter before it in which a Member is a party, unless the privilege conferred by section 3 is waived, by application made in writing to the Court1[* * * ] by the Member concerned with the matter, and, where more Members than one are so concerned, by all of them.
(2) The provisions of sub-section (1) shall apply to all matters pending immediately before the commencement of this Ordinance in any Civil or Revenue Court 1[* * *] in which a Member is a party, and no such Court 1[* * * ] shall proceed further with any such matter, unless the privilege referred to therein is waived in accordance with the provisions thereof, or the period specified therein has lapsed. ______________
Last Uploaded on 9.10.2023
1Certain words omitted by the Privileges of Members of the National and Provincial Assemblies (Amdt.) Act, 1977 (21 of 1977), s. 2 and Schedule.
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CONTENTS 1. Short title, extent and commencement 2. Definitions 3. The privilege etc. 4. Proceedings in Civil Courts etc.
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Page 1 of 3
THE MEMBERS OF THE NATIONAL ASSEMBLY (EXEMPTION
FROM PREVENTIVE DETENTION AND PERSONAL
APPEARANCE) ORDINANCE, 1963
CONTENTS
1. Short title, extent and commencement
2. Definitions
3. The privilege etc.
4. Proceedings in Civil Courts etc.
Page 2 of 3
THE MEMBERS OF THE NATIONAL ASSEMBLY (EXEMPTION FROM
PREVENTIVE DETENTION AND PERSONAL APPEARANCE)
ORDINANCE, 1963
1ORDINANCE NO. IX OF 1963
[16th November, 1963]
An Ordinance to provide for certain privileges of the Members of the National Assembly of Pakistan.
WHEREAS Article 111 of the Constitution provides, inter alia, that the privileges of Members
of an Assembly may be determined by law;
AND WHEREAS it is expedient to provide for exemption from preventive detention, and from
personal appearance of the Members of the National Assembly of Pakistan in Civil and Revenue Courts
and before Election Tribunals, for specified periods;
AND WHEREAS the National Assembly is not in session and the President is satisfied that
circumstances exist which render immediate legislation necessary;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 29 of the
Constitution, and of all other powers enabling him in that behalf, the President is pleased to make and
promulgate the following Ordinance:___
1. Short title, extent and commencement.___(1) This Ordinance may be called the Members
of the National Assembly (Exemption from Preventive Detention and Personal Appearance)
Ordinance, 1963.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or context,—
(a) “Assembly” means the National Assembly of Pakistan;
(b) “Member” means a Member of the Assembly;
(c) “session” means the period commencing on the day of the first meeting of the
Assembly after having been summoned until the Assembly is prorogued or
dissolved.
3.The privilege etc.___(1) No Member shall be detained under any law relating to preventive
detention, nor shall any Member be required to appear in person in any Civil or Revenue Court, 2[* *
*] during a session, and for a period of fourteen days before and fourteen days after the session.
3[(2) Nothing in sub-section (1) shall be construed as applying to any Member who is detained
under any such law as is referred to in sub-section (1)___
1Approved by the National Assembly of Pakistan on the 27th November, 1963, see Gazette, of P ., Ext., 1963. p. 813 k.
2Certain words omitted by the Privileges, of Members of the National and Provincial Assemblies (Amdt.) Act, 1977 (21 of 1977), s. 2 and Schedule.
3Subs. by the Members of National Assembly (Exemption from Preventive Detention and Personal Appearance) (Amdt.) Act, 1975 (17 of 1975), s. 2,
for sub-section (2) (w.e.f. 8-2-1975).
Page 3 of 3
(a) at any time during the period commencing on the fifteenth day next after the
conclusion of a session and ending on the 15th day before the commencement
of the next session; or
(b) for reasons of State connected with defence, external affairs, or the security of
Pakistan or any part thereof.]
4. Proceedings in Civil Courts etc.___(1) Notwithstanding anything to the contrary contained
in any law for the time being in f orce, no Civil or Revenue Court 1[* * * ] shall proceed, during a
session and for a period of fourteen days before and fourteen days after the session, with any matter
before it in which a Member is a party, unless the privilege conferred by section 3 is waived, by
application made in writing to the Court1[* * * ] by the Member concerned with the matter, and, where
more Members than one are so concerned, by all of them.
(2) The provisions of sub-section (1) shall apply to all matters pending immediately before the
commencement of this Ordinance in any Civil or Revenue Court 1[* * *] in which a Member is a party,
and no such Court 1[* * * ] shall proceed further with any such matter, unless the privilege referred to
therein is waived in accordance with the provisions thereof, or the period specified therein has lapsed.
______________
Last Uploaded on 9.10.2023
1Certain words omitted by the Privileges of Members of the National and Provincial Assemblies (Amdt.) Act, 1977 (21 of 1977), s. 2 and Schedule.This law in the library
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and for a period of fourteen days before and fourteen days after the session, with any matter before it in which a Member is a party, unless the privilege conferred by section 3 is waived, by application made in writing to the Court1[* * * ] by the Member concerned with the matter, and, where more Members than one are so concerned, by all of them. (2) The provisions of sub-section (1) shall apply t
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